“implemented transitory article 55 of the Constitution, which granted the Black communities
that were occupying wastelands in the rural areas on the banks of the rivers of the Pacific
watershed, as well as in other areas of the country with similar conditions, the right to
collective ownership of these lands,” among other matters.
31.
In addition, the State referred to the decisions handed down by the Constitutional
Court of Colombia from which are derived, on the one hand, the implementation of the
special measures of protection in favor of the members of the communities of Jiguamiandó
and Curvaradó, among other communities and, on the other hand, the supervision of
implementation. These decisions are: (1) Judgment T-025 of 2004, by which the
Constitutional Court declared the “existence of a state of unconstitutionality in relation to
the situation of the internally displaced population”; (2) Decision 005 of 2009 relating to the
“protection of the fundamental rights of the Afro-descendant population, victim of forced
displacement”; (3) the Decision of May 18, 2010, adopting “preventive measures of
immediate protection to safeguard the fundamental rights of the Afro-Colombian
communities of Curvaradó and Jiguamiandó”; (4) Decision 384 of 2010 concerning
“compliance with the Decision of May 18, 2010”; (5) Decision 045/12 of March 7, 2012,
regarding different requests made by the Ministry of the Interior in relation to orders arising
from the previous decisions, and (6) Decision 112 of May 18, 2012, by which the
Constitutional Court evaluated the implementation of the “Urgent Provisional Plan for the
Prevention of Displacement, and Individual and Collective Protection in the Curvaradó and
Jiguamiandó [sic] River Basins,” among other matters, in compliance with the orders issued
in the said Decision 045/12. In its brief of February 5, 2013 (supra having seen paragraph
4), the State referred to Decision 299 of December 18, 2012, forwarded to the Court by the
Inter-American Commission (supra having seen paragraph 6), concerning, among other
matters, the “evaluation of the orders given in the decisions of May 18, 2010, and A045 and
112 of 2012.” The Court will refer below to these decision (infra considering paragraphs 49
to 56). In this regard, Colombian also indicated that, in these matters, the Government
periodically submits monitoring and compliance reports to the Constitutional Court on “the
actions taken and mechanisms created to comply with each decision, indicating the entities
involved and the respective status of compliance […].”
32.
Lastly, the State indicated that, even if the present provisional measures are
annulled, based on the provisions of Article 1(1) of the American Convention, as well as on
the obligations imposed by domestic laws and the Constitutional Court, it will continue
responding to the needs for protection of the members of the communities of the
Jiguamiandó and of the Curvaradó.
E.1.2. Government authorities or entities responsible for the protection of the
beneficiaries of the provisional measures and of other inhabitants of the
communities of the Jiguamiandó and of the Curvaradó, and their respective
competences in this regard
33.
The State mentioned different government entities assigned to the implementation
and supervision of the measures of protection ordered in Colombia, as well as the
provisional measures ordered by this Court:
1) Ministry of the Interior: “all the institutional procedures to coordinate the actions
aimed at the protection of the human rights of the members of the communities of the
Jiguamiandó and Curvaradó” are implemented through the Human Rights Directorate and
the Directorate for the Affairs of the Black, Afro-Colombian, Raizal, and Palenquero
Communities. In addition, the National Protection Unit has assumed the safeguard of the
beneficiaries of these provisional measures. This Unit is the Technical Secretariat of the
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